Summary
The Florida Fifth District Court of Appeal affirmed an order upholding the denial of Gordon B. Williams's request to change his retirement status from early service retirement to in-line-of-duty disability retirement. The court held that the order was supported by competent substantial evidence and found no basis to disturb the determination that Williams failed to prove estoppel or that the correctional institution's conduct constituted a denial of his disability-retirement claim.
Topics
Practice areas
Questions Presented
- Whether Williams could change his retirement classification from early service retirement to in-line-of-duty disability retirement after his retirement benefits had been paid.
- Whether the completion of retirement form FR-13a by a Department of Corrections personnel technician constituted a denial by DMS of Williams's in-line-of-duty disability retirement claim.
- Whether DMS was estopped from denying the requested change based on statements allegedly made by a DMS representative.
Holdings
- The final order was supported by competent substantial evidence and was affirmed.
- It did not constitute a denial by DMS of Williams's claim.
- Williams failed to establish estoppel.
Key quotations
“Because the appealed order is supported by competent substantial evidence, we affirm.” (31 So. 3d at 838)
“There is no record basis for that finding to be disturbed on appeal.” (31 So. 3d at 840)
“Nor is there any record basis to conclude that the manner in which the personnel technician at Lake Correctional completed form FR-13a constituted a denial by DMS of a claim for in-line-of-duty benefits by Williams.” (31 So. 3d at 840)
Factual background
Williams, a Florida Department of Corrections vocational instructor and member of the Florida Retirement System, suffered work-related injuries in 1997 and resigned in 1998 because of physical disabilities. Although he initially sought in-line-of-duty disability retirement, he ultimately submitted an application for early service retirement, which DMS approved in March 1999 and paid by direct deposit. In 2008, after receiving Social Security Disability benefits, Williams sought to change his retirement status to in-line-of-duty disability retirement; DMS denied the request.
Procedural history
Williams applied for in-line-of-duty disability retirement but ultimately applied for and received early service retirement benefits. Years later, he submitted a new application seeking to change his retirement status. DMS denied the request, and an administrative law judge upheld the denial in a proposed order. DMS issued a final order adopting the ALJ's findings and recommendation, which Williams appealed.